New Delhi, March 13 The Delhi High Court on Monday directed the medical superintendent of the All India Institute of Medical Science (AIIMS) to file former Popular Front of India (PFI) charmain, Erappungal Abubacker's MRI reports conducted on January 29, on or before the next date of hearing.
On February 2, the court had granted time to the National Investigation Agency (NIA) to file a response to an application moved by Abubacker challenging the order of a special judge rejecting his bail application on medical grounds.
During the hearing, the counsel for NIA submitted that a medical report had been submitted by the Tihar Jail.
To this, the court responded that it is not on record.
"You'll have to place it on record. We'll assume that the report says you're alright! This house arrest we are not permitting," the court said.
The court while directing to place Abubacker's medical report on record, listed the matter for the next hearing on April 6.
Abubacker's counsel advocate Adit Pujari, had earlier contended that his client deserved bail as per Section 45 of the Prevention of Money Laundering Act (PMLA), which states that a person who is sick/infirm is liable to be granted bail while considering twin conditions.
A division bench of Justices Siddharth Mridul and Talwant Singh had also directed Tihar Jail's medical superintendent to ensure proper treatment for Abubacker on a regular basis.
"The medical superintendent of Tihar Jail is directed to ensure that the appellant is provided efficacious treatment for all his illnesses on a regular basis," the bench had said.
Pujari had informed the court that based on a virtual meeting, an affidavit has been filed about his client's recent medical condition, which has also been verified by Abubacker's son.
Pujari had said: "He cannot wake up without a 'sevadaar', who he cannot even communicate with him. His language is Malayalam or English. This gentleman is someone with no prior antecedents. This is the first and only case against him. He has been a school teacher. He is someone who is 71 and seeing the confines of prison for the first time."
To this, NIA's counsel had opposed the position and referring to a video, argued that Abubacker is clearly seen addressing thousands of people in Hindi.
The bench had said: "Place the video on record."
The bench had then granted time to the NIA to file a response to Abubacker's application.
Abubacker was arrested by the NIA on September 22, 2022, and charged under the provisions of the Unlawful Activities Prevention Act (UAPA).
He has been in judicial custody since October 6, 2022. He was active in organisations like the Ideal Students League, Jamaat-e-Islami, and Students Islamic Movement of India (SIMI).
According to Abubacker, he is suffering from multiple ailments, including a rare type of oesophagus cancer, Parkinson's disease, hypertension, diabetes, and loss of vision.
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